RB Rail AS
Reg. No 40103845025
Riga
18.05.2020
Our Ref: 1.13p/LV-119
Answers to the questions from the interested suppliers No 4
RB Rail AS presents the following answers to the questions received within open
No RBR 2020/8 until 16 May 2020 from the interested
suppliers:
No Questions
1. Regarding the requirement for Section 8.2 point
#2 indicating that if the Tenderer wish to submit
a power of attorney, additional documentation
is needed to confirm that the issuer of the
power of attorney has the right of signature.
Can you confirm what type of documentation is
required to confirm the authority of the
signatory of the power of attorney?
2. Regarding the requirement for Section 8.4, it is
indicated that client reference letters/official
documents issued by authorities are needed.
Can you confirm whether signed copies of the
contract would meet the requirements?
al
reference letters?
iela 8-7
Riga, LV-1010, Latvia
Phone: +371 66 967 171
e-mail: info@railbaltica.org
www.railbaltica.org
Answers
Procurement Commission clarifies if proposal or any
of the documents included in the proposal is signed
by the legal (official) representative of the Tenderer
or member of the partnership (if the Tenderer is a
partnership), or person on whose capabilities the
Tenderer is relying (including subcontractor),
proposal shall contain document issued by authority
in charge of registration of legal persons
(companies) or other competent authority which
indicates legal representatives.
If documents (only those to be approved by the legal
representative of the Tenderer or each member of
the partnership (if the tenderer is a partnership) or
person on whose capabilities the Tenderer is relying
(including subcontractors)) included in proposal is
not signed by the legal representative, but signed by
other authorized person, a power of attorney or
other document certifying the rights of the persons
who have signed the documents included in
proposal, shall be attached to the proposal.
Whereas according to requirements stipulated in
Annex 4 Tenderer is allowed to attach feedback
letters, other documents, which proves successful
delivery of the services and completion of the
contract on its own discretion, the Tenderer may
choose type of evidences.
3. Can you confirm which project specific costs
should be factored into the calculation of the
proposed maximum hourly rate in addition to
the expert service fees?
Moreover, can you confirm if travel costs will
only be reimbursed if the point of departure is
in Europe and not elsewhere in the world
(referring to the footnote on page 20 of Annex
1)?
4. For the financial proposal, can you confirm that
only one fixed maximum hourly rate can be
proposed per lot? If so, please confirm that this
rate should be a blended rate based on the
potential experts that are going to be involved
in providing the services stipulated in each Lot.
5.
professional ability, does the project experience
of an individual expert of the firm count
the specific lots listed in Annex 4?
Or do the projects listed as relevant experience
in Annex 4 must have been carried out by the
firm?
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Procurement Commission clarifies that maximum
hourly rate of expert services shall include all costs
indicated in Clause 11.2. of Regulation except VAT
and costs to be reimbursed additionally as specified
in Clause 6 of Technical specification (Annex No 1 of
Regulation).
Procurement Commission confirms that travel costs
will be reimbursed as separate costs only if the point
of departure is in Europe. At the same time please be
aware that there is not intended to restrict
involvement of experts which are practicing out of
Europe region and other communication channels
instead of face to face communication are also
intended.
Please note, that after contract award and during
direct award or mini-competition procedures for the
fulfilment of the specific tasks maximum hourly rate
may be decreased according to specific task and
team of experts involved in the provision of services.
There is not planned to ask for different hourly rates.
Yes, Procurement Commission confirms that for
each lot only one maximum hourly rate shall be
indicated in the Financial proposal based on the
involvement of potential team of experts.
After contract award and during mini competitions
and direct awards maximum hourly rate may be only
decreased according to specific task and
involvement of team of experts, but not increased.
Procurement Commission clarifies that experience
of the Tenderer (company) is not the same as the
experience of the expert.
The tenderer may rely on the capabilities (including
previous experience) of individual expert only in
case, if this expert has gained experience as a
contracting entity (was legally responsible for the
fulfilment of the contract under which respective
experience was gained) and will be involved in the
provision of expert services as a member of a
partnership or as subcontractor.
If the expert has gained experience as an employee
or is continuing his professional career as an
in this case.
Please be aware that experience for the experts
involved in the provision of specific expert services
will be asked before launch of particular assignment
order after framework agreement will be concluded
with the winners of this competition.
Tenderer is free to choose resources and type of
legal bounds how to enter for competition.
6. With regard to the Clause 4.9. of Draft
Framework Agreement (Annex No 5 of
Regulations) concerning the Conflict of Interest,
please clarify where a conflict of interest will
arise in participating to future Rail Baltica
opportunities. For example, if our company is
successful in one or more lots of this framework
agreements concerning design services, it
would be possible for us to participate in future
Rail Baltica procurements related to design
review, Design & Build or supervision services?
7. Considering the complexity and vastness of this
opportunity we kindly ask you to extend the
date for submission of proposals of at least two
weeks.
8. With reference to Annex 2 point 5 of the Tender
RBR 2020/8
- by such person, in its turn, who provides services for
clarify if consultants that collaborate with our
organization have to be considered Sub-
contractors?
9. Current tender Lot 16 requires providing of
separately licensed services insurance broker
companies are separately licensed and are
legally bound to provide only insurance related
services. Meanwhile tender requirement does
not allow splitting the lot that include services
not related to insurance. This would imply that
only joint venture of two or more companies
can apply.
Given the situation with current tender expertise of particular Lot according to Regulation.
wording, our question is, would you split the
current lot 16 of Tender in an insurance advisory
/ intermediation and an accounting and tax
advisory part, or if lot is not split, can company
apply only for the part of lot, it is legally able to
deliver?
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Please be aware that participation in this
competition will not arise conflict of interest what
could restrict participation in upcoming tenders.
Procurement Commission on 18 May 2020 has made
decision to make amendments in Regulation and its
Annexes, submission deadline for proposals will be
extended. Please follow up to the latest updated
version of the Regulation and its Annexes on web:
https://www.railbaltica.org/tenders/open-
competition-expert-services-for-the-rail-baltica-
global-project-identification-no-rbr-2020-8/ and
https://www.eis.gov.lv/EKEIS/Supplier/Procurement
/25650.
Definition of a subcontractor according to Public
Procurement Law of the Republic of Latvia- a person
contracted by the Tenderer or a person contracted
the performance of the procurement contract.
Please be informed, if the Tenderer relies also on the
capabilities of the subcontractor to meet specific
qualification requirements stipulated in Regulation,
subcontractor shall be considered also as person on
whose capabilities the Tender is relying.
Please take a look to additional requirements to for
persons on whose capabilities the Tenderer is
relying.
Procurement Commission clarifies that subject
matter of the Lot No 16 is to procure financial
consultancy services including also insurance
advisory not insurance services which requires
special license. Procurement Commission has made
decision to make amendments in Regulation (Annex
1 and Annex 4) to refine the text.
Please note, that proposal should cover all fields of
10. Technical specification of the open competition Procurement Commission confirms, that there is no
requirement to submit proposal including list of
ID No. RBR 2020/8) in its points 5b) and 5 d) proposed team of key exp
requires Tenderer to propose an optimum Qualification requirements for proposed team of
structure for the Project Team, based on the experts will be defined only before launch of every
Services Requested in the terms of reference, assignment order.
and where possible propose a core team with So, it means that qualification of key experts could
cross-functional roles and to prepare detailed be assessed in next stages (mini competitions and
proposal for services to be provided. The direct awards) (if applicable) only during
proposal includes Team of experts arranged for implementation of the Framework agreement.
the services (CV etc. documentation), graphical
representation of main Services milestones and
deadlines of deliverables as required in
particular Assignment order and taking into
account these Technical specifications.
As these requirement regarding The Technical
proposal and Experts CVs are not mentioned in
the Regulations for the open competition, but
only in the Technical specification, please
conform, if it is requested to submit a Technical
proposal for each Lot, or it will have to be
prepared as submitted only after receiving a
particular Assignment order.

Procurement Commission Chairman B.Gulbe

Gulbe, +371 26544929

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